What are formal matters in the context of an Ex parte Quayle action?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Formal matters in the context of an Ex parte Quayle action refer to non-substantive issues that need to be addressed before an application can be allowed. These are typically minor objections that do not affect the patentability of the claims. The MPEP 714.14 states:

…after all claims in an application have been allowed the prosecution of the application on the merits is closed even though there may be outstanding formal objections which preclude fully closing the prosecution.

Examples of formal matters might include issues with the specification format, drawing objections, or minor claim language clarifications that don’t affect the scope. The examiner is required to explain these formal matters in the Ex parte Quayle action, as indicated by the form paragraph note: “Explain the formal matters which must be corrected in bracket 1.”